Etop Udo v. Wells Fargo Bank, N.A., No. 4:2023cv02935 - Document 66 (N.D. Cal. 2023)

Court Description: ORDER GRANTING MOTIONS TO DISMISS, WITHOUT LEAVE TO AMEND by Judge Jeffrey S. White granting granting 22 , 24 , 25 , 59 Motions to Dismiss. (kkp, COURT STAFF) (Filed on 12/12/2023)

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Dockets.Justia.com ORDER GRANTING MOTIONS TO DISMISS, WITHOUT LEAVE TO AMEND Etop Udo v. Wells Fargo Bank, N.A. Doc. 66 See BACKGROUND See generally id. Id. Id. ANALYSIS A. Applicable Legal Standard. Lazy Y Ranch Ltd. v. Behrens Bell Atl. Corp. v. Twombly Papasan v. Allain Twombly Id. Ashcroft v. Iqbal Twombly B. The Court Grants the Motions to Dismiss. 1. The Court Dismisses the Negligence Claim. See, e.g., S. Cal. Gas Leak Cases i.e. Id. See, e.g., Widjaja v. JPMorgan Chase Bank, N.A. Barvie v. Bank of America, N.A. Erlich v. Menzies 2. The Court Dismisses the Breach of Contract Claim. they Compare with Lance Camper Mfg. Co. v. Republic Indem. Co. of America 3. The Court Dismisses the Claim for Violations of California Commercial Code Section 11204. Prima Donna Dev. Corp. v. Wells Fargo Bank, N.A. after Peters See Chino Com. Bank, N.A. v. 4. The Court Dismisses the Claim for Violations of California Consumer Privacy Act (“CCPA”), Civil Code section 1798.150. inter alia Id. Twombly Iqbal See Iqbal Twombly Maag v. U.S. Bank, N.A. See, e.g., Florence v. Order Express, Inc. 5. The Court Dismisses the Claim for Unjust Enrichment – Quasi Contract. Astiana v. Hain Celestial Grp., Inc. Id. quoting Rutherford Holdings, LLC v. Plaza Del Rey see also Spartan Cap. Sec., LLC v. Vicinity Motor Corp Lance Camper Mfg. Corp v. Rep. Indem. Co. see also Durell v. Sharp Healthcare See Saroya v. Univ. of the Pac. 6. The Court Dismisses the Claim for Deprivation of Civil Rights. West v. Atkins see also Ketchum v. Alameda Cty. Price v. Hawaii Id. Jones v. Community Redevelopment Agency Lugar v. Edmonson Oil Co. Id. Lugar, Price, 7. The Court Dismisses the Claim for Violations of Commercial Code Section 4207. See also Mills v. U.S. Bank. CONCLUSION Allen v. City of Beverly Hills Ascon Props., Inc. v. Mobil Oil Co. into Id. IT IS SO ORDERED

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